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RESOLUTION NO 2752
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TUSTIN, APPROVING CONDITIONAL USE
PERMIT 90-2, AUTHORIZING ON-SITE SALES AND
CONSUMPTION OF BEER, WINE AND DISTILLED
SPIRITS (TYPE 47 ABC LICENSE) IN CONJUNCTION
WITH A RESTAURANT USE AT 13051 NEWPORT AVENUE,
TUSTIN
The Planning Commission of the City of Tustin does
hereby resolve as follows:
I ·
The Planning Commission finds and determines as
follows:
A·
A proper application, Use Permit 90-2 has been
filed on behalf of Nieuport 17 Restaurant
requesting authorization for on-site sales and
consumption of Beer and Wine and distilled
spirits (Type 47 ABC License) in conjunction
with a restaurant use located at 13051 Newport
Avenue, Tustin.
Be
A public hearing was duly called, noticed and
held for said application on February 26,
1990.
C·
Establishment, maintenance, and operation of
the use applied for will not, under the
circumstances of this case, be detrimental to
the health, safety, morals, comfort, or
general welfare of the persons residing or
working in the neighborhood of such proposed
use, as evidenced by the following findings:
·
The use applied for is in conformance
with the General Plan and the Tustin
Zoning Code. Although the project will
not strictly conform to the adopted
guidelines for alcoholic beverage sales
establishments, the conditions of
approval will mitigate any potential
impacts of the use.
·
The use applied for is a conditionally
permitted use in the Central Commercial
(C-2) District.
·
The subject site is located a minimum of
300 feet from the nearest residential
site and a minimum of 1,700 feet from the
nearest public school, church,
playground, or hospital and therefore, is
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Resolution No. 2752
February 26, 1990
Page 2
not considered to have a negative impact
upon residents or school children based
upon its location.
·
Alcohol sold on the premises shall be for
on-site consumption only.
De
The establishment, maintenance, and operation
of the use applied for will not be injurious
or detrimental to the property and
improvements in the neighborhood of the
subject property, nor to the general welfare
of the City of Tustin, and should be granted.
E·
This project is Categorically Exempt from the
requirements of the California Environmental
Quality Act, pursuant to section 15301 (Class
1).
II. The Planning Commission hereby approves Conditional
Use Permit 90-2 authorizing on-site sales of beer
and wine and distilled spirits (Type 47 ABC
License) in conjunction with a restaurant use
located at 13051 Newport Avenue, subject to the
conditions contained within Exhibit A attached
hereto.
PASSED AND ADOPTED at a regular meeting of the Tustin
Planning Commission, held on the 26th day of February
1990.
DONALD LE JEUN~E ~
Chairman
PENNI FOLEY
Secretary
EXHIBIT A
RESOLUTION NO. 2752
CONDITIONS OF APPROVAL
USE PERMIT 90-2
GENERAL
(1) 1.1 The proposed project shall substantially conform to
submitted plans date stamped February 26, 1990 on file
with the Community Development Department.
(1) 1.2 Unless otherwise specified, conditions in this exhibit
shall be complied with prior to issuance of any building
permits for the project, subject to review and approval
by the Community Development Department.
(1) 1.3 Conditional Use Permit approval shall become null and
void unless an alcoholic beverage license is obtained
from ABC and the sale of liquor commences within 12
months of the date of this exhibit. Time extensions may
be granted by the Planning Commission if a written
request is received by the Community Development
Department within thirty (30) days prior to expiration.
(1) 1.4 Approval of Use Permit 90-2 is contingent upon the
applicant signing and returning an "Agreement to
Conditions Imposed" form as established by the Director
of Community Development.
USE RESTRICTIONS
(2) 2.1 Hours of sales of alcoholic beverages shall be limited
to the hours when food is available (11:00 a.m. to 12:00
p.m. M-F, 11:00 a.m. to 2:00 a.m. Sat-Sun). This may be
accomplished by providing for appetizers during hours the
restaurant portion of the establishment is not in use.
(2) 2.2 The menu of the restaurant shall consist of foods that
are prepared on the premises.
(2) 2.3 Alcoholic beverages shall be consumed within the
restaurant premises. No outdoor seating is authorized
at this location.
SOURCE CODES
(1) Standard Conditions
(2) Planning Commission Policy
Exhibit A
Resolution No. 2752
February 26, 1990
Page 2
(2) 2.4 There shall be no pool tables or coin operated games on
the premises at any time.
(2) 2.5 Authorization for on-site sales of beer and wine is
contingent upon the use of the subject premises remaining
a restaurant. At such time the restaurant use is
discontinued the Conditional Use Permit shall become null
and void.
(2) 2.6 Ail persons serving alcoholic beverages shall be 18 years
of age or older and shall be supervised by someone 21
years of age or older. A supervisor shall be present in
same area as point of sale.
(2) 2.7 The applicant shall submit a menu of the restaurant which
shall consist of foods that are prepared on premises
during hours when alcoholic beverages are being sold.
(2) 2.8 Any and all entertainment proposed at the subject
location shall comply with Section 3222 of Chapter 2 of
the Tustin City Code which would require obtaining a
separate license and permit from the Community
Development Department for live entertainment (pianist)
as proposed.
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, PENNI FOLEY, the undersigned, hereby certify that I am the
Recording Secretary of the Planning Commission of the City of
Tustin, California; that Resolution No. ~ ~- was duly passed
and adopted at a regular meet~ing of the Tustin Planning Commission,
held on the ~ day of ~_~.~ , 199~.
Rec~ording S~